On Cognizance Of Dormant Shareholder’s Qualification

With China’s economic and social development, and gradually perfecting the company law, company litigation in our country.Most cases are associated with the qualification cognizance of the shareholders.Because Chinese country company law does not expressly prohibit to sponsor this contribution,the dormant investment has become even more popular. The shareholder qualification problem of dormant shareholders is very important. The production of dormant shareholders is cause of the prohibitive or restrictive provisions against law, or due to maximize the benefit of investment. Theoretically, the essence of commercial behavior is characterized by expression and based on principles of contract freedom and the autonomy of the parties. This makes the dormant shareholders have existing space. At the same time, the existence of the dormant shareholder goes against the trade order and security. In violation of the principle of civil law real right public summons.Deviated from the basic value orientation of modern civil law. And cause the related legal problems. The company law of the formulation and modification is not about the legal concept dormant shareholders to make clear rules. This makes according to different legal practice, the judge for the same case different decisions. At the same time seriously undermining the authority of the law. Because of its dormant shareholders’risk and easy to lead to the dispute. Therefore, the qualification cognizance of the dormant shareholder dormant shareholders related disputes has become an essential link.The introduction mainly introduced in this paper the problem of dormant shareholders qualification research purpose and background, and raises the research object of this article by a typical case.The text is divided into four chapters:The first chapter is the category of dormant shareholders qualification. From the concept of dormant shareholders, characteristics, types and reasons. Carries on the preliminary explanation of dormant shareholders, which laid a foundation for further discussed later. The second chapter mainly introduces the domestic and foreign relevant theory of dormant shareholders qualification. Mainly divided into actual investment in China is determined on the basis of the essence of the said. Based on foreign publicity materials in the form of speaking and argues that "double standards, are" compromise said. Then on the civil law countries and common law countries, analyses on the current situation of dormant shareholders.The third chapter mainly introduces the dormant shareholders qualification standard of judgment. From shareholders qualification according to the requirements of on the basis of follow certain basic principles. Raises the specific way of dormant shareholders qualification. From implicit shareholders and legal relationship between the shareholders, the legal relationship of dormant shareholders and other stakeholders and dormant shareholders and the third person in good faith the legal relationship between the three angles has carried on the detailed analysis.The fourth chapter mainly introduced the our country the legislative status of dormant shareholders qualification and legislative Suggestions. The regulation of our country law of dormant shareholders not clear, but the Supreme Court and some provinces made the opinions in judicial trial. For dormant shareholders shareholder qualification provides a trial basis. Therefore, our country should perfect in the legislation in dormant shareholders related institutions, which provide clear legal basis to resolve such dispute.